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CC 2002 10-15CITY OF POWAY, CALIFORNA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 15, 2002 The October 15, 2002, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna at the Poway Community Library - Meeting Room, 13137 Poway Road, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson, Mickey Cafagna COUNCILMEMBERS ABSENT Betty Rexford STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Lori Anne Peoples Robert Clark Niall Fritz Dennis Quillen Deborah Johnson Bob Krans Linda Barnett Patti Brindle Javid Siminou Danis Bechter Krissy Toff Liz Dean Scoff Edwards City Manager Deputy City Manager City Attorney City Clerk Director of Community Services Director of Development Services Assistant Director of Public Works Director of Redevelopment Services Fire Division Chief Sheriff's Captain City Planner City Engineer Engineering Inspection Supervisor /NPDES Coordinator Redevelopment Project Administrator Management Assistant Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATION Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: 7649 Page 2 - CITY OF POWAY - October 15, 2002 R.W. Stavros, 13699 Jackrabbit Road, expressed his views on the Palomar College site. Christy Winters, 14060 Saddlewood Drive, representing Country Montessori School, requested Council assistance on the relocation of the school. CONSENT CALENDAR Staff requested Item 14 be removed from the Consent Calendar for discussion. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to approve the remainder of the Consent Calendar as follows: Ratification of Warrant Register for the Period of September 16-20, 2002. (401-10) 10. Approval of Minutes - City Council September 10, 2002 - Regular Meeting 12. Approval of City's Investment Report as of August 31,2002. (408-01) 13. Approval of Grant of Easement to San Diego Gas & Electric Company (SDG&E) for Underground Electric Facilities at Buehler Reservoir. (1202-03) Motion carried 4-0 with Councilmember Rexford absent. ITEM 1 (203-08) CONDITIONAL USE PERMIT 02-02 APPLICANT: RICHARD CONNER RILEY & ASSOCIATES Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to install a telecommunications facility consisting of antennas and ground-mounted equipment on developed property located at 14280 Poway Road. APN: 323-190-06. This item had been continued from August 6, 2002, Item #3, August 20, 2002, Item #1, September 17, 2002, Item #1 and the applicant is now requesting the item be removed from the Agenda. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the public hearing and remove the item from the Agenda. Motion carried 4-0 with Councilmember Rexford absent. 765O Page 3 - CITY OF POWAY - October 15, 2002 ITEM 2 (701-04/602-01#9) ORDINANCE NO. 564/FIRST READING RESOLUTION OF INTENTION PERS CONTRACT AMENDMENT Mayor Cafagna opened the public hearing and read the title of Ordinance No. 564, "An Ordinance of the City of Poway California, Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employees' Retirement System." Staff report by City Manager Bowersox. The Public Employees' Retirement System (PERS) provides for certain Optional Benefits that are available to contracting agencies through the contract amendment process. It is requested that the City Council adopt the Resolution of Intention to approve an amendment to the existing PERS contract, and proceed with first reading of the Ordinance authorizing an amendment to contract, as required by PERS. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to adopt Resolution No. 02-111, entitled, "A Resolution of Intention of the City Council of the City of Poway, California, to Approve an Amendment Between the Board of Administration of the Public Employees' Retirement System and the City of Poway." Motion carried 4-0 with Councilmember Rexford absent. ITEM 3 (701-04) ORDINANCE NO. 565/FIRST READING RESPONSIBLE BEVERAGE SERVICE Mayor Cafagna opened the public hearing and read the title of Ordinance No. 565, "An Ordinance of the City of Poway, California, Adding Chapter 8.09 to the Poway Municipal Code Pertaining to Responsible Beverage Service." Staff report by City Manager Bowersox. As directed by the City Council on May 21, 2002, the City Manager's Office conducted preliminary research concerning a proposed Responsible Beverage Service (RBS) Training Ordinance in the City of Poway. On August 20, 2002, the initial findings and proposed RBS Training Ordinance were presented to the City Council. Following a review and discussion of the material and proposed Ordinance, the Council directed staff to schedule the RBS Training Ordinance for the first public hearing. The following people were present wishing to speak in support: Patty Dreislein, 10182 Rookwood Street, San Diego, representing NICPP Judy Walsh-Jackson, 3851 Rosecrans, San Diego, representing the San Diego County Policy Panel on Youth Access to Alcohol Judy Stoefe, 1115 Papoose Court, San Diego Paula Myers, representing MADD 7651 Page 4 - CITY OF POWAY - October 15, 2002 Dana Stevens, 112344 Oak Knoll Road, representing NICPP Erica Leary, 4312 Navajo Avenue, Oceanside, representing Collaborative Tri City Prevention The speakers expressed need to include all sellers of alcohol in the ordinance. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to waive further reading (unanimous vote), and continue the public hearing to October 29, 2002 for second reading and adoption. Motion carried 4-0 with Councilmember Rexford absent. Staff was directed to review the feasibility of expanding the mandatory RBS Training Ordinance in Poway to off-sale establishments. Following implementation and enforcement of the Ordinance for on-sale establishments, staff will research the expansion with assistance from the Department of Alcoholic Beverage Control (ABC). ITEM 4 (701-04) ORDINANCE NO. 566/FIRST READING HOUSE PARTY Mayor Cafagna opened the public hearing and read the title of Ordinance No. 566, "An Ordinance of the City of Poway, California, Adding Chapter 9.54 to the Poway Municipal Code Establishing Adult Responsibility for House Parties at which Underage Drinking or Drug Use Occurs." Staff report by City Manager Bowersox. As directed by the City Council on June 11, 2002, the City Manager's Office conducted preliminary research concerning a proposed House Party Ordinance in the City of Poway. On August 20, 2002, the initial findings and proposed Ordinance were presented to the City Council. Following a review and discussion of the material and proposed Ordinance, the Council directed staff to schedule the House Party Ordinance for first public hearing. The following people were present wishing to speak in support: Patty Dreislein, 10182 Rookwood Street, San Diego, representing NICPP Judy Walsh-Jackson, 3851 Rosecrans, San Diego, representing the San Diego County Policy Panel on Youth Access to Alcohol Judy Stoefe, 1115 Papoose Court, San Diego Paula Myers, representing MADD Judy Strang, 4691 Cypress Glen Place, San Diego, representing the 9th District PTA Larry Darwent, 1401 Broadway, San Diego, representing the San Diego County Law Enforcement Task Force Dana Stevens, 112344 Oak Knoll Road, representing NICPP Joan Helms, 14292 Hacienda Lane Connie Johnson, 14903 Morningside Erica Leary, 4312 Navajo Avenue, Oceanside, representing Tri City Prevention Collaborative 7652 Page 5 - CITY OF POWAY - October 15, 2002 Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to waive further reading (unanimous vote) and continue the public hearing to October 29, 2002 for second reading and adoption. Motion carried 4-0 with Councilmember Rexford absent. ITEM 5 (701-04) ORDINANCE NO. 567/FIRST READING COUNCIL APPROVAL SPECIFIC PLANS AND AMENDMENTS RESOLUTION OR ORDINANCE Mayor Cafagna opened the public hearing and read the title of Ordinance No. 567, "An Ordinance of the City of Poway, California, Amending Sections 17.47.060, 17.47.070 and 17.47.090 of the Poway Municipal Code to Allow City Council Approval of Specific Plans and Amendments to Specific Plans by Resolution or Ordinance (Zoning Ordinance Amendment 02-01)." Staff report by City Manager Bowersox. This Ordinance would allow the City Council to adopt a Specific Plan or Specific Plan Amendment by Resolution or Ordinance. Currently, the Municipal Code allows their adoption by Resolution only. This amendment is recommended by the City Attorney to improve the ability to enforce the development standards and zoning districts established under the South Poway Specific Plan. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to waive further reading (unanimous vote) and continue the public hearing to October 29, 2002 for second reading and adoption. Motion carried 4-0 with Councilmember Rexford absent. ITEM 6 (1002-01 R) ENVIRONMENTAL ASSESSMENT 02-20 APPROPRIATION OF FUNDS PROPERTY ACQUISITION 14231 SYCAMORE AVENUE OWNERS: CARMEN AND PATTI ORDERICA Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On October 30, 2001, the City Council/Redevelopment Agency authorized staff to negotiate terms for the acquisition of available flood-prone parcels located within the 100-Year Floodway of Rattlesnake Creek. Staff has conducted site due diligence on the 0.17- acre parcel located at 14231 Sycamore Avenue (APN 314-182-44) and, negotiated the terms of sale in an effort to pursue the development of potential future open space and/or other recreational uses within the Paguay Redevelopment Project Area. The entire parcel is located within the 100-Year Floodway of Rattlesnake Creek and a Phase 1 Environmental Assessment has been conducted. 7653 Page 6 - CITY OF POWAY - October 15, 2002 The following person was present wishing to speak: Carmen Steven, 14134 Sycamore Avenue, expressed her views on property sales and use in her neighborhood. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the public hearing, approve the Negative Declaration and adopt Planning Resolution No. P- 02-60, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 02-20 Acquisition of 14231 Sycamore Avenue Assessor's Parcel Number 314-182-447' Motion carried 4-0 with Councilmember Rexford absent. ITEM 7 (1002-01 R) ENVIRONMENTAL ASSESSMENT 02-22 APPROPRIATION OF FUNDS PROPERTY ACQUISITION 14152 SYCAMORE AVENUE OWNER: ROY ALCOBIA Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On October 30, 2001, the City Council/Redevelopment Agency authorized staff to negotiate terms for the acquisition of available flood-prone parcels located within the 100-Year Floodway of Rattlesnake Creek. Staff has conducted site due diligence on the 0.20- acre parcel located at 14152 Sycamore Avenue (APN 314-201-29) and, negotiated the terms of sale in an effort to pursue the development of potential future open space and/or other recreational uses within the Paguay Redevelopment Project Area. The entire parcel is located within the 100-Year Floodway of Rattlesnake Creek and a Phase 1 Environmental Assessment has been conducted. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public hearing, approve the Negative Declaration and adopt Planning Resolution No. P- 02-61, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 02-22 Acquisition of 14152 Sycamore Avenue Assessor's Parcel Number 314-201-29." Motion carried 4-0 with Councilmember Rexford absent. ITEM 8 (1170-02) DECREASE IN REGULATORY FEE COMMERCIAL/INDUSTRIAL COMPONENT JURISDICTIONAL URBAN RUNNORR MANAGEMENT PROGRAM Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. 7654 Page 7 - CITY OF POWAY - October 15, 2002 On August 20, 2002, the City Council directed staff to prepare an update regarding the inspection procedure used for industrial and commercial facilities as part of the Jurisdictional Urban Runoff Management Program (JURMP). The Council approved the JURMP on February 12, 2002, and it contains a detailed industrial and commercial component. Inspection fees were authorized by the Council on April 9, 2002, by Resolution No. 02-034. The consulting firm of D-Max Engineering is conducting the initial inspections of the commercial and industrial facilities listed in the JURMP. The City's inspection and monitoring program of the commercial and industrial components of the JURMP is in its first year and is establishing a base for compliance. In the future, when the program is stabilized, it will be easier to project the actual costs and to derive a cost-based inspection fee. Until that time, the costs of the program and the fees that will be collected can only be estimated. As the program is evolving, there has been a philosophical change to the approach for cost recovery, and Council directed staff to explore a means of decreasing the fees for businesses, including the option of increasing the City's share of costs. The staff analysis is based on a general comparison of the cost of City staff performing inspections instead of the consultant firm. As previously stated, in order for the City of Poway to comply with the State of California mandate, a consultant firm was hired for program start-up and initial inspections. City staff will perform inspections after the initial inspections have been completed. It would cost approximately $81,000 to hire an industrial inspector; annual salary plus benefits ($70,000), auto ($6,000), office set-up (furniture, phone, computer, miscellaneous $5,000). This is 54% of the $150,000 cost for the consultant. Therefore, it would be reasonable to decrease the fee charged to businesses by 46%. The fee would become $108 for High Priority Commercial businesses. For industrial facilities, the fees would become $324 for High Priority, $216 for Medium Priority, and $108 for Low Priority. Motion by Deputy Mayor Emery, seconded by Mayor Cafagna, to close the public hearing and have staff survey the agencies within San Diego County to determine inspection fees and policies for local NPDES programs concerning Commercial and Industrial businesses and bring a report back to Council. Motion carried 4-0 with Councilmember Rexford absent. ITEM 14 (602-01 #1570) GRAVITY SEWER LINE AGREEMENT SYCAMORE ESTATES, LLC MCMILLIN MONTECITY 109, LLC BROOKFIELD 6, LLC BROOKFIELD 8, LLC Staff report by City Manager Bowersox. A Gravity Sewer Line Agreement has been developed to provide for the construction of a sewer main within the City of Poway. In addition to the sewer main, the Agreement calls for numerous public improvements to be constructed by Sycamore. Finally, the agreement includes provisions for Sycamore 7655 Page 8 - CITY OF POWAY - October 15, 2002 to grant an easement to the City of Poway for the purposes of open space and to limit access from the Rancho Encantada project to both Creek Road and Beeler Canyon Road. Once recorded, the easement will further enforce that access to these roads is limited to the residents of Creek Road and Beeler Canyon Road, to those maintaining the sewer line and other utilities, and for emergency access. The following person was present wishing to speak: Louis Tooch, 14105 Powers Road, made inquiry as to the total number of homes to be serviced by this new sewer main. Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the Agreement. Motion carried 4-0 with Councilmember Rexford absent. CITY ATTORNEY ITEMS 16A. City Attorney Eckis announced that under the Brown Act, the report out of last weeks Closed Session, Conference with Legal Counsel - Existing Litigation Pursuant to Government Code §54956.9(a) Northwest Pipe v. Kay Construction, City of Poway (Kern Claim), subsequent to Closed Session the parties have signed a settlement agreement wherein the City will pay Mr. Kern the sum of $10,753.. MAYOR AND CITY COUNCIL - INITIATED ITEMS 21A. Mayor Cafagna stated he would continue to keep the Council informed on any updates in the Regional Governance Transition Plans. (1503-46) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:55 p.m. on motion by Councilmember Higginson, seconded by Councilmember Goldby. Motion carried unanimously. orl Anne Peoples, C.y clerk City of Poway 7656